This article is in the news archives --- for current news go to the Third Branch News.
Conference Supports Shift in Responsibility for Courthouses
At its biannual meeting this month, the Judicial Conference affirmed its
continued support for legislation that would let the Judiciary assume
responsibility from the General Services Administration (GSA) for the
management, operation, repair, leasing and construction of federal
The Conference vote was sparked by a committee report noting that in recent
years "courthouse funding has fluctuated, frustrations with the dependent
relationship with GSA have increased, and rental costs have grown to over $920
million in 2005." That dollar figure represents about 20 percent of the
Judiciary's operating budget. Most executive branch agencies pay less than 1
percent of their budget for rent.
The Conference first approved asking Congress to remove real property
authority for the courts from GSA in 1989, but interest in such legislation
declined until the late 1990s. Voting on a recommendation from its Space and
Facilities Committee, the Conference re-affirmed its earlier position, and left
"the timing of seeking and implementing such authority" to its Executive
Committee, in consultation with the Space and Facilities and Budget
The committee report accompanying the recommendation said the proposed shift
would allow the Judiciary to assume responsibility for 40 million square feet of
"The Judiciary could take over responsibility for new courthouse construction
for $300 million per year, repairs and alterations for $150 million per year, as
well as all operating and leased space rental costs," the report said. The plan
is expected to result in significant savings over what the Judiciary currently
pays GSA for rent.
In related action, the Conference approved, in concept, establishment of an
annual budget cap for space rental costs. Those caps would be determined by its
Judicial Conference Budget Committee, in consultation with the Conference
Committee on Space and Facilities.
A Budget Committee report that accompanied its recommendation said the budget
rent cap would cover courthouse construction, minor alteration projects, and
additional space acquisitions.
In other action, the Conference also approved four security-related
recommendations. It voted to:
- Authorize the placement of security screening equipment and contract
security guards at leased facilities housing federal probation and pretrial
services offices. About 50 such offices nationwide are in leased space, not
- Urge the U.S. Marshals Service (USMS) to provide more frequent training for
deputy marshals and judicial security inspectors responsible for security
surveys of judges’ homes, and more training in how to provide an effective
- Encourage each newly appointed federal judge to complete a Judicial
Personnel Profile and to periodically update the information as requested by
the USMS, and request that the USMS ensure the security of such information.
- Urge the U.S. Bureau of Prisons to adopt a policy that requires screening,
but not reading, of all outgoing mail to judges and courts from inmates
incarcerated in a U.S. penitentiary or other high-security federal correctional
- Amend its policy delegating authority to the director of the Administrative
Office to waive fees in times of natural disasters. As amended, the authority
includes the director’s ability, acting on a request from a chief judge, to
grant waivers of certain and specified miscellaneous fees, excluding filing
fees, when emergency conditions are present. The duration of such authority
shall not exceed one year.
- Amend regulations for the selection, appointment, and reappointment of U.S.
bankruptcy judges to make publication of judicial vacancy announcements through
print advertisements in local newspapers optional, rather than required, and to
permit electronic publication of those announcements.